AP Telangana CCA Rules

AP Telangana CCA Rules

AP Telangana CCA Rules in telugu Andhra Pradesh CCS CCA Rules APCS CCA Rules 1991  AP C. S. (CCA) RULES TS State new cca rules AP TS Service Rules Andhra Pradesh Civil Services (Classification Control and Appeal) Rules 1991 ccs rules 1964 major punishments minor punishments appeal revision how to impose major minor punishment grace period for explanation suspension order format procedure for major punishment Andhra Pradesh Civil Services  ( CCA ) Rules 1991 A.P.C.S. CONDUCT RULES 1964 IN BRIEF AP Telangana CCA Rules in telugu pdf AP Civil Services (CCA) Rules 1991 Appendix II – AP Civil Services (CCA) Rules 1991 AP Telangana CCA Rules 

AP Telangana CCA Rules 

AP C. S. (CCA) RULES 

  1. AP Civil Services (CCA) Rules 1991
  2. Appendix II – AP Civil Services (CCA) Rules 1991
  3. Click here to know about Service Rules

CCA RULES 1991

  • C- Classification of Services
  • C - Control
  • A Appeal
  1. CONTAINS 46 RULES
  2. 2 SCHEDULES
  3. 4 APPENDICES 
  4. Schedule I: State Services 
  5. Schedule II:Subordinate Services 
  6. Appendix:I:General Subordinate Services 
  7. II. Authorities imposing minor penalties on Subordinate officers 
  8. III. Authorities imposing minor & major penalties against Subordinate officers 
  9. IV. Authorities in respect of police etc

Application of Rules ( Rule 3 )

These rules shall apply to every Govt servant except

  1. persons in casual employment
  2. persons subject to discharge from service
  3. on less than one month notice
  4. Members of All India services (All India Services ( Discipline and Appeal ) Rules1969 are applicable
  5. Persons for whom special provision is made
  6. in respect of matters covered.
  7. Under contract appointment
  8. applicable to Corporations etc if adopted.

CLASSIFICATION OF SERVICES ( Rule 5 )

  1. Government servants to whom CCA Rules are applicable are classified in to
  2. The State Services … Specified in schedule – I
  3. The Subordinate Services … Specified in schedule – II

HOW A DISCIPLINARY CASE ARISES

  1. Receipt of a complaint
  2. Finding the misconduct:
  3. Petitions
  4. News report
  5. Audit report
  6. Office inspection etc

PRELIMINARY INQUIRY

No Inquiry if the complaint is:

  1. ANONYMOUS or
  2. PSUDONYMOUS
  3. But, If verifiable allegations
  4. PRELIMINARY INQUIRY to assess facts
  5. No procedure prescribed in CCA Rules
  6. If allegations are found correct
  7. Disciplinary Action to be initiated

Procedure to be followed

  1. Charge Memo:
  2. Explanation of the Public Servant
  3. Imposing Minor Penalty
  4. In Case of Major Penalty: Inquiry
  5. Appointing Inquiry officer
  6. Appointing Presenting officer

Articles of Charge

  1. A charge should be brief, clear and precise
  2. It should identify the Misconduct/ misbehavior
  3. preferably be in the third person.
  4. A separate article of charge should be framed in respect of each transaction/event or a series of related transactions/ events.
  5. each misconduct should be specifically mentioned.
  6. Multiplication or splitting up of charges on the basis of the same allegation should be avoided.
  7. Charge should not contain expression of opinion
  8. Charge should not relate to a matter which has already been the subject matter of an inquiry and adjudication.

Read More : AP Telangana Important Rules in Brief :


A specimen of an article of charge

“That Sri (name and designation of the Government servant at the time of framing of the charge), while functioning as (designation at the time of the misconduct) from …. to (period ) demanded and obtained an amount of Rs.5,000 as illegal gratification from Sri (name ), contractor, (address) on at (date and time ), in his office (mention any other place) promising to pass his bill of execution of work (give the name of the work) without objections threatening otherwise to withhold payment, which constitutes misconduct of failure to maintain absolute integrity and devotion to duty and commission of an act unbecoming of a Government servant, in violation of sub-rules (1) and (2) of Rule 3 of the APCS (Conduct) Rules, 1964.”

PROCEDURE – IMPOSING MINOR PENALTY 

  1. Issue of charge memo – communication of articles of charges to the Government servant – (Rule 22)
  2. May hold inquiry , if required as per procedure laid down in Rule 20
  3. Once explanation is received order is passed.

MINOR PENALTIES -  PUNISHMENTS  Rule 9(1) to 9(v)

  1. (i)  Censure
  2. ( ii ) Withholding of promotion
  3. ( iii ) omitted in 2005
  4. ( iv ) Withholding increment without cumulative effect not exceeding 3 years
  5. ( v ) (a) Suspension where the person is already suspended under Rule 8
  6. ( v ) (b) reduction to a lower stage in the time scale of pay for a period not exceeding three years , without cumulative effect and not adversely affecting his pension

MINOR PENALTY – MAJOR PROCEDURE

  1. Withholding of increment without cumulative effect exceeding 3 years
  2. Not a major penalty but:
  3. Procedure for major penalty should be followed

PROCEDURE TO BE FOLLOWED FOR IMPOSING OF MAJOR PENALTY

  1. As per Art. 311, Government Servant cannot be removed / dismissed from Service without providing opportunity and conduct of proper inquiry.
  2. Initiated under Rule 20
  3. Any authority competent to impose any of the penalties from 9 (i) to 9 (x) can initiate.
  4. Articles of charges to be forwarded – may be drafted by Subordinate officers – but – to be issued by Disciplinary Authority.
  5. Basis - preliminary enquiry– investigation by ACB or any other investigating agency.
  6. charge be brief, clear and precise- identify the misconduct / misbehavior committed and the conduct Rule violated.
  7. Preferably in third person.
  8. Charge should not certain expression of opinion as to the guilt of the Government servant. It starts with “that” to convey that it is only an allegation and not a conclusion.
  9. Specimen charge: That Sri (name and designation) at the time of framing the charge), while functioning as (designation at the time of commitment of irregularity) from ………to ……… obtained illegal gratification of Rs.1000 promising to ………….. (activity) which constitutes misconduct or failure to maintain absolute integrity and devotion to duty and commission and unbecoming of a Government servant in violation of Sub Rule (1) and (2) of Rule 3 of the APCS (Conduct) Rules 1964.
  10. Statement of implications to be there for each charge.
  11. The list of witnessess to be shown.
  12. Articles of Charges are served with a memorandum which indicating
  13. -----Disciplinary proceedings are initiated under Rule 20
  14. ------Informed to appear in person and specific day in the office of disciplinary authority and file written statement of defence (not exceeding 10 days).
  15. ------Inquiry will be held as regards to the charges denied.
  16. -----He is warned against bringing pressure – misconduct under Rule 24 APCS (Conduct) Rules 1964
  17. Once written statement of defense is filed – charges may be dropped / minor penalty is imposed / Inquiry authority (Rule 20 (2)) is appointed
  18. Inquiry authority is appointed if charges are denied or W.S. of defence is no tfiled. Rule 20(2)
  19. Disciplinary authority may also conduct Inquiry in person
  20. Presenting officer is also appointed under Rule 20 (5) – senior to the charged officer.
  21. Charged officer can take the assistance of serving / retired Govt. employee (Defense Assistant) –legal practitioner only when the P.O is a legal practitioner.
  22. Disciplinary Authority shall inform the charged officer to furnish the list of documents which he intends to verify – made available if not felt that they can not be.
  23. Privileged documents – preliminary report (if not included in the list of documents) ,file where in disciplinary proceedings are dealt, Advice of vigilance commission, character roll of the employees need not be made available.
  24. Articles of charges, written statement of defence, other documents to be furnished to Inquiry authority.

Read More : AP Telangana Important Rules in Brief :

Inquiry

  1. Notice to C.O. and P.O to attend on specific date and time.
  2. C.O.is permitted to verify documents.

Evidence on behalf of D.A.

  1. The evidence of witnesses on behalf of D.A. is recorded.
  2. Cross examination by C.O. is permitted.
  3. Re-examination by P.O is permitted.

Evidence on behalf of C.O.

  1. Witness are examined and recorded – P.O can cross examine – C.O. may re-examine.
  2. The C.O may present himself as witness.
  3. The inquiry authority may put question to the witness.
  4. After completion of evidence, P.O. and C.O may be asked to file written briefs.
  5. P.O. and C.O. can file further reports
  6. Inquiry authority to discuss evidences – gives reasons for findings – findings be based only on evidence adduced – specifies whether charge is proved or not- shall not propose penalty
  7. Report prepared by inquiry authority – witnesses adduced, written briefs, etc., to be submitted to D.A.

Inquiry procedure

  1. Preliminary hearing
  2. Choosing the Defence assistant by CO
  3. Furnishing statements of witnesses if recorded
  4. Allowing to examine documents in the presence of IO
  5. Hearing
  6. Examination-in-Chief
  7. Cross examination
  8. Reexamination
  9. Recording
  10. Taking signature of the recorded statements
  11. Note of next hearing
  12. Personal hearing, if CO desires
  13. Written Brief

Inquiry report in the form of a statement containing :

  1. Articles of charge
  2. Defense statements
  3. Assessment of evidence
  4. Findings
  5. Submission to Disciplinary Authority

Disciplinary Authority to:

  1. Satisfy himself/herself with the findings
  2. If any deviation in procedure found:
  3. Refer back to the IO for re-inquiry
  4. DA can come to independent decision based on the facts

Once satisfied:

  1. Copy of the Inquiry Report to be communicated to the Charged Officer
  2. Receipt of further representation within 30 days
  3. Speaking order of DA in consultation with APPSC if required

Action on inquiry report

  1. I . A May be asked to conduct further inquiry.
  2. If felt charges can be dropped or minor penalty is imposed
  3. If felt that major penalty is to be imposed – copy of inquiry report along with specific remarks of D.A/ Disagreement factors ,if any, communicated to C.O -- informing to show Cause why a major penalty can not be imposed.
  4. If D.A. is not competent to impose the proposed penalty, the entire record along with report to be transmitted to the authority competent to impose the proposed penalty – such authority has to verify judiciously and then take further action.
  5. If C.O retired from service, record be submitted to the Government.
  6. There is no punishment of “warned” ‘let off’ .

Major penalties - PUNISHMENTS  Rule 9(VI) to 9(X)

  1. ( vi ) Withholding of increment with cumulative effect
  2. (vii) Reduction to:
  3. (a) Lower stage in time scale of pay
  4. (b) Lower time scale of pay, grade, post or
  5. (viii) Compulsory retirement
  6. (ix) Removal
  7. (x) Dismissal

AUTHORITIES COMPETENT

State Services Rule 13

  1. as specified in Rule 13.
  2. Generally (not covered by specific cases ) 1st level gazetted officers – Regional Authority (if exists )
  3. Generally 2nd level ( and also for 1st level officer,if no regional Authority is there) by Head of the department.
  4. 3rd level onwards Government.

Subordinate Services Rule 14

  1. Immediate Superior gazetted officer (Asst Excise sup., Tahsildar, DCTO, ASP, DSP can not) and officers to whom they are Subordinate.
  2. Borrowing Authority ……….. can place Rule30

WHEN TO BE PLACED UNDER SUSPENSION

 when

  1.  Disciplinary proceeding are contemplated
  2. Engaged in activities prejudicial to the interest of the Security
  3. Criminal cases pending – offence may not have bearing on the discharge of official duties. Rule 8(1)
Deemed to be under suspension when
  1. Under detention for more than 48 hours CUSTODY FOR MORE THAN 48 HOURS- Rule 8(2)
  2. When convicted – sentenced for imprisonment for a period of more than 48 hours 
  3.  if not dismissed .... ceases to be in operation if acquitted in the appeal. Rule 8(2)
  4. Placed under Suspension, pending enquiry -disciplinary proceeding initiated - penalty of dismissal/ removal / compulsory retirement imposed – orders are set – a- side and remitted for further enquiry in appeal or Revision – deemed to be continued under Suspension from the date of order of dismissal, removal or compulsory retirement. Rule8 (3)
  5. When disciplinary proceeding are initiated -a penalty of dismissal, removal or compulsory retirement is imposed – if orders are set – a- side and remitted for further enquiry in appeal or Revision – deemed to be under suspension from the date service of order of dismissal, removal or compulsory retirement. Rule 8(4)
  6. Proceeding to be issued by competent Authority under his signature – even in case of deemed Suspension.
  7. Proceedings be issued in prescribed formats. ( For prescribed proformas )
  8. Continues till further orders. Rule8(5)
  9. Authority not competent issues proceedings- later gets ratified by competent Authority – not valid.
  10. Comes in to effect immediately
  11. If stationed at a different place or on tour…. from the date of service.
  12. When holds the charge of Stores etc… from the date of handing over charge.
  13. When on leave or absent, from the date of dispatch.
  14. Subsistence allowance to be paid -----mention in the order ---- reviewed once in 6 months.
  15. Shall not leave the Head quarters – not to take up other employment.

Review of cases of Suspension

  1. once in 6 months

members of State Service

  1. the first review by Regional Authority if issued by Regional Authority.
  2. The first review by the Head of the Department where order of suspension is issued by the Head of the Department.
  3. The second and subsequent reviews by the Head of the Department where the order of suspension is issued by Regional Authority / Head of the Department.
  4. In cases where the Government is the Competent Authority to order suspension, the review by Government only..

Review of cases of Suspension

members of service in subordinate service-

  1.  the first review by the appointing authority
  2. the second and subsequent reviews by the Regional Authority/ the Head of the Department where no Regional Authority exists.
  3. Normally shall not be continued for more than 2 years
  4. when related to cases originated by ACB -representative of ACB to be there during review by committee headed by Secretary .

DISCIPLINARY AUTHORITIES

State Services Rule 11

  1.  as specified in Rule 11
  2. Every Head of Department declared to be Appointing authority – in case of 1st and 2nd level officers – penalties from 9(i) to 9(viii)- CCLA ….. even 9 ( ix )and 9(x ) against Tahsildars
  3. Government in case of other level officers and penalties of 9 ( ix) and 9( x) in case of 1st and 2nd level officers.

Subordinate Services Rule 14

  1. Immediate Gazetted Officer - penalty under rule 9(i) and 9 (iv), 10 (i)
  2. Appointing Authority or Authority to whom he is Subordinate - penalty 9 (ii), 9 (v) to (x)
  3. Authorities specified in Appendix – II - As indicated 

DISCIPLINARY PROCEEDINGS

  1. Any disciplinary authority ,competent to impose any of the penalties of 9(i)to9(x),can initiate. Rule 19
  2. If retired ce –can be initiated within 4 years from the date of committing the irregularities ----- after taking permission from the Government. Rule 9(2) of AP REVISED PENSION RULES 1980
  3. Irregularity committed while working in lower cadre-the Authority competent to initiate as per the present cadre has to initiate
  4. Borrowing Authority can impose penalties 9 (i) to 9 (vi) (if feels that a penalty 9 (vii) to 9 (x) is justified one, record to be forwarded to Lending Authority)
  5. initiated under Rule 20 – if major penalty to be imposed
  6. initiated under Rule 22 if minor penalty is felt to be sufficient.
  7. If initiated under Rule 20, a minor penalty may also be imposed as per the results of inquiry.
  8. If initiated under Rule 22, major penalty can not be imposed.
  9. When two or more employees of same cadre / class or different cadres / classes involved in same case/ irregularity –initiated under Rule 24 – The Authority to impose penalty of dismissal on the officer of highest cadre to initiate.

COMMON PROCEEDINGS Rule 24.

  1. When more than one Govt. Servant involved in commission of irregularity.
  2. The authority competent to impose a penalty of dismissal against the officer of higher cadre out of those involved in commission of irregularity, has to initiate
  3. The order should specify – authority which functions as D.A. (be competent to impose the penalty)
  4. whether procedure in Rule 20 and Rule 21 or Rule 22 shall be followed.

SPECIAL PROCEDURE – WHEN DETAILED PROCEDURE CAN BE DISPENSED WITH

  1. When penalty is imposed on the ground of conduct which has led to his conviction …… proceedings along with conviction order to be sent. Rule 25 
  2. Disciplinary Authority feels that it is not possible to hold detailed enquiry – detailed reasons to be specified. Rule 25 
  3. Where the Governor is satisfied, in the interest of the security of the state. Rule 25 
  4. On the basis of the recommendation of Lokayukta and upalokayukta – copy of the report of Lokayukta - upalokayukta to be furnished to Government servant. Rule 27
  5. Complaints committee Report on allegations of Sexual harassment and atrocities on women shall be deemed to be an inquiry report – copy of the report to be furnished Rule 27

Read More : AP Telangana Important Rules in Brief :

APPEALLATE & REVISION AUTHORITIES

No appeal lies against Rule 32

  1. Any order made by the Governor
  2. Any order of an interlocutory in nature.
  3. Any order passed in the course of procedure under Rule 20.

Appeal lies

  1. to the Governor on the order passed by the High Court. Rule 34
  2. To the Government on order of Head of the Department
  3. Appeal to next higher Authority from an order passed by other than the Government and Head of the Department
  4. Appeal to be filed within 3 months Rule 35 
  5. Appellate Authority to verify whether placing the appellant under Suspension is justified or not /whether procedure was followed in the Disciplinary proceedings/whether quantum of punishment is adequate or inadequate or warranted. Rule 37 
  6. Appellate Authority may confirm, enhance or reduce the penalty or remit back to Disciplinary Authority. 
  7. If the original order is passed by the Govt. – Review lies under Rule 38 within 3 months. Rule 38

Revision lies

  1. to Govt. if order in appeal is passed by the Head of the Department
  2.  against orders passed by others to the Head of the Department
  3. be filed within one year-
  4. Revision may be taken suo-moto within 4 years Rule 40
  5. Govt. may also review the order of passed in revision by other authorities ,only when Head of the Department refers. Rule 41
  6. “When Vigilant angle is involved- Vigilance Commission must be consulted at different stages”
  7. Whereever required, A P P S C to be consulted before penalty is imposed.

STATUTORY FORMS

Issued vide G.O.Ms.No.82, GAD, dt.01.03.1996.

SI No
Purpose
Form
01
Certificate to be filed by Govt. Servant under suspension - not employed Where (Non employment Certificate )
I
02
Articles of charges (Rule 20)
FORM – II  ANNEXURE – I, II & III
03
Revocation of suspension order
III
04
Appointment of Inquiry Authority
IV
05
Appointment of P.O.
V
06
Memorandum of charge Rule (22)
VI
07
Memorandum of charge Rule (22) (if inquiry to be held)
VII
08
Order for taking disciplinary action in common proceedings
VIII
Issued vide G.O.Ms.No.411, GAD, dt.20.07.1993.
SI No
Purpose
Form
01
Order of Suspension under Rule 8(1) – where charges were framed
Annexure I to the GO
02
Order of Suspension under Rule 8(1) – when Disciplinary Proceedings are contemplated
Annexure II to the GO
03
Order of Suspension under Rule 8(1) – when criminal cases are pending
Annexure III to the GO



Read More : AP Telangana Important Rules in Brief :


Rules in CCA Rules, 1991

  1. Rule 1. Short title and commencement 
  2. Rule 2. Interpretations
  3. Rule 3. Application
  4. Rule 4. Power to exclude from operation
  5. Rule 5. Classification of Services
  6. Rule 6. Constitution of State Services
  7. Rule 7. Constitution of Subordinate Services
  8. Rule 8. Suspension
  9. Rule 9. Penalties
  10. Rule 10. Other Penalties
  11. Rule 11. Disciplinary Authorities in respect of State Services
  12. Rule 12. Government’s power to impose penalties on members of State Services
  13. Rule 13. Authorities competent to suspend members of State Services
  14. Rule 14. D.A. and Authorities competent to suspend, in respect of Subordinate Services
  15. Rule 15. Powers of appointing authority etc. to suspend members of State and Subordinate Services.
  16. Rule 16. Disciplinary authority in case of promotion or transfer of a member of a Service and a reversion or reduction
  17. Rule 17. Special provision to respect of Police Officials employed in Anti – Corruption Bureau, Vigilance and Enforcement Department and Lokayukta and Upa-Lokayukta
  18. Rule 18. Lower authority not to reopen case:
  19. Rule 19. Authority to institute proceedings
  20. Rule 20. Procedure for imposing major penalties
  21. Rule 21. Action o n the Inquiry report
  22. Rule 22. Procedure for imposing minor penalties
  23. Rule 23. Communication of orders
  24. Rule 24. Common proceedings
  25. Rule 25. Special procedure in certain cases
  26. Rule 26. Waiver procedure to certain cases
  27. Rule 27. Action on report of Lokayukta and Upa-Lokayukta
  28. Rule 28. Rule not to affect provisions relating to Andhra Pradesh Survey and Land Records Subordinate Service
  29. Rule 29. Rules not to affect provisions in Andhra Pradesh Stationery Manual
  30. Rule 30. Provisions regarding officers lent to Government of India etc.
  31. Rule 31. Provisions regarding officers borrowed from Government of India etc.
  32. Rule 32. Orders against which no appeal lies
  33. Rule 33. Orders against which appeal lies
  34. Rule 34. Appellate Authorities 
  35. Rule 35. Period of limitation for appeals 
  36. Rule 36. Form and contents of appeal 
  37. Rule 37. Consideration of Appeal
  38. Rule 38. Review of original orders passed by Govt., in lieu of appeal 
  39. Rule 39. Implementation of orders in appeal
  40. Rule 40. Revision 
  41. Rule 41. Review 
  42. Rule 42. Service of orders, notices etc. 
  43. Rule 43. Power to relax time-limit and to condone delay
  44. Rule 44. Supply of copy of Commission’s advice
  45. Rule 45. Repeal and Saving 
  46. Rule 46. Removal of Doubts
Source from : MCRHRDI
AP Telangana CCA Rules AP Telangana CCA Rules AP Telangana CCA Rules AP Telangana CCA Rules AP Telangana CCA Rules 

AP Telangana CCA Rules in telugu Andhra Pradesh CCS CCA Rules APCS CCA Rules 1991  AP C. S. (CCA) RULES TS State new cca rules AP TS Service Rules Andhra Pradesh Civil Services (Classification Control and Appeal) Rules 1991 ccs rules 1964 major punishments minor punishments appeal revision how to impose major minor punishment grace period for explanation suspension order format procedure for major punishment Andhra Pradesh Civil Services  ( CCA ) Rules 1991 A.P.C.S. CONDUCT RULES 1964 IN BRIEF AP Telangana CCA Rules in telugu pdf AP Civil Services (CCA) Rules 1991 Appendix II – AP Civil Services (CCA) Rules 1991 AP Telangana CCA Rules
AP Telangana CCA Rules


2 comments:

  1. Please provide gazetted officer manual

    ReplyDelete
  2. Hello Sir I am Kiran Kumar, an govt employed , I have written group 2 exam conducted in Nov 2016 where TSPSC requirement is to get NOC from head of department to Commission when required to do so. Also i have applied leave on exam date at my office and i have forwarded my covering letter with hallticket and all documents to Head of the Office after the completion of exam. But Now, our head of department Section case worker saying, he cannot provide NOC and saying I should forward my letter of NOC before only and then should write exam. Now i want to know whether NOC can take before the exam or also after exam is also completed. Can i know whether is any rule position is their in order to obtain NOC if i was selected in written test. Can you please clarify my answer.

    ReplyDelete

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